Why People Choose Florida

Obvious Reasons
Great weather, especially during winter months.

Financial Advantages

  • No state income tax
  • No state estate tax or inheritance tax (federal estate tax still applies)
  • Favorable asset protection laws

Understanding tax considerations is crucial when relocating.

Florida's Asset Protection Benefits

Several assets are considered exempt by statute, meaning they may receive protection if you're sued:

  • Florida homestead property
  • Property owned jointly with spouse as tenants by the entireties
  • IRAs and inherited IRAs
  • Cash value life insurance
  • Annuities

Three Snowbird Scenarios

Scenario 1: Living in Another State, Considering Florida

  • Get solid estate plan in your home state first
  • If you have Florida property, consult with Florida lawyer about titling
  • Consider ancillary documents (power of attorney, healthcare directives) compliant with Florida law

Scenario 2: Now Domiciled in Florida with Property in Other States

  • Have Florida estate plan drafted by Florida lawyer
  • Consult with lawyers in other states where you have property/business interests

Scenario 3: About to Move to Florida

  • Update estate plan to Florida law
  • Build relationship with Florida lawyer
  • Take actions to clearly demonstrate Florida domicile (not former state)
  • Establish Florida homestead for property tax breaks and asset protection

Florida Homestead Benefits

  • Asset protection advantages
  • Property tax reduction in current year
  • Cap on future increases (typically can't exceed 3% annually)

Establishing Florida Domicile

Work with a Florida lawyer to take multiple actions demonstrating Florida is your primary domicile, not your former state. This is crucial if your former state has income tax and might audit to claim you're still their resident.

If you're considering or have recently moved to Florida, there are specific issues that need proper attention. Contact our experienced team to put you and your loved ones in the best position possible.

John J. Mangan, Jr.
Helping Florida residents with estate planning, guardianship as well as probate & trust administration needs.